arm.

[29TH CONG.

Resolved, unanimously, That as an additional mark of respect for the memory of the Hon.

ISAAC S. PENNYBACKER, the Senate do now adjourn.

The committee of arrangements consists of Mr. SEVIER, Mr. MANGUM, Mr. BREESE, Mr. CRITTENDEN, Mr. BENTON, and Mr. Webster. The Senate then adjourned.

HOUSE OF REPRESENTATIVES.

TUESDAY, January 12.

Death of Judge Pennybacker.
The Senate notified the House of Represent-
atives by their Secretary of the death of the
Hon. ISAAC S. PENNYBACKER, late a Senator in
Congress from the State of Virginia.

sir, in exactly the same circumstances-another by the usual mode of wearing crape on the left associate of our body has been stricken down by the insatiable spoiler, and gathered to his receptacle of trophies-the grave. Sir, it was not my fortune to be personally acquainted with Mr. PENNYBACKER till he met me on this floor as my colleague; but I learn from others that he was born in the most beautiful region of this widely-extended Union-the mountain valley of Virginia. Sir, the population of that valley, like that, I believe, of all mountain regions in this country, was marked by primitive simplicity and industrial habits, and he seemed to have imbibed from the contact all that purity of character, and those habits of industry, which are the appropriate characteristics of such regions. My honored colleague was no more than forty-one years of age. His merit cannot be better estimated by other evidences than by the fact that he had been a Representative of the State of Virginia upon Whereupon Mr. JAMES MCDOWELL, of Virthe floor of the House of Representatives-had ginia, rose and addressed the House as follows: filled the office of Federal district judge of his I rise, Mr. Speaker, to perform, for an honored State, and at this early period of life, was ele- and valued colleague, lately representing our vated to the second highest distinction known native and common State in the other branch under this Government-a seat on the floor of of this national assembly, the same sad and the Senate of the United States. He came, nelancholy office which he himself performed sir, to my acquaintance, heralded by the reputa-in his place less than a year ago for my own tion of the highest probity-the soundest under- kinsman and immediate predecessor, here. I standing, improved by habits of labor-the rise to say-what I know will be felt with sensikindest affections, expanding themselves in ability by those who hear me, and what will send large domestic and social sphere-manners so a pang to the hearts of thousands who do not felicitously bland and courteous as to prepare the way for that esteem which his character was calculated to impress. Sir, I believe I may appeal to every member who with me has known him upon this floor-he entirely fulfilled the promise of this heraldry in the intercourse which I had with him. I do not affect, Mr. President, to offer consolation to his bereaved and afflicted family, who are here affording the best of all solace-that of solicitous and affectionate attention in his last moments. I refer them, sir, for consolation to that High Power which we read sometimes chasteneth, because He loveth, and who has promised unfailing comfort to those who, with reverence say: Thy will be done, and not mine." Sir, to that power and to that source of consolation, with all reverence on my part, I refer their distresses. I now move the ordinary resolutions, which will be read by the Clerk, for the adoption of the Senate.

The resolutions were read accordingly, and are as follows:

that ISAAC S. PENNYBACKER, one of the Senators from Virginia, is no more! Whatever, under the guidings of Providence, or in the fulfilled and cheering promise of his outset, he might have become in the lofty career which the confidence of his country had assigned him, that career is now over; his expectations and his efforts in it are now ended, and the silence and seal of death are forever upon him.

He was seized and snatched away from his labors almost before he had begun them, but not before the modest and ingenuous qualities of his nature had been seen, or before he had shown himself, in all the safest, soundest, and purest virtues of a public man, to be worthy of all acceptation. He was comparatively young-less than forty-two years of age-so that he came to the eminent station which he filled precisely at that period of life when the body and mind, in their complex action upon one another, co-operate the best, and when man is most capable of building up the richest monuments of usefulness and fame for his country, and himself. He was born in Shenandoah county, Virginia-was educated to the profession of law, which he entered upon in early manhood, and practised with a high and pro

Resolved, unanimously, That a committee be appointed by the President of the Senate pro tempore, to take order for superintending the funeral of the Hon. ISAAC S. PENNYBACKER, which will take place to-morrow, at twelve o'clock M., and that the Sen-gressive reputation until he was called upon to

ate will attend the same.

Resolved, unanimously, That the members of the Senate, from a sincere desire of showing every mark of respect due to the memory of the Hon. ISAAC S. PENNYBACKER, deceased, late a member thereof, will go into mourning for him one month,

represent his native district in Congress, from whence, at the end of his first representative term, he was transferred, by appointment of the President and Senate, to the district court of Western Virginia, and was thence again transferred, but a year ago, by the Legislature

JANUARY, 1847.]

Lieutenant-General.

[29TH CONG.

execution of enterprises not only totally distinct | disinterestedness; and yet in the organization from each other, but at geographical distances of military bodies and in the preparation of so remote as to preclude any thing like direct plans of campaign, we should be wanting in combination between the forces respectively ordinary prudence if we were not guided by employed in them. These enterprises have all those general principles, which are calculated been successful. Santa Fé and Chihuahua have to render our arrangements proof, as far as been overrun and occupied by the military human arrangements can be, against all hazard forces under General Kearny; the Californias of failure in their execution. If there is a by Colonel Fremont and our naval forces in the particular form of organization better suited Pacific; New Leon and part of Tamaulipas by than any other to give efficiency to the moveGeneral Taylor; and Durango by General Wool ments of military forces, it is the part of wisand General Worth. The whole of northern dom to adopt it; nor should we be content with and central Mexico, as far south as the mouth a less efficient form, even though we have the of the Rio Grande and the twenty-sixth parallel | fullest confidence in the patriotism and zeal of of latitude, is virtually in our possession. The those who are to have part in the contemplated Mexican authority may by this occupation be enterprises. Sir, I have entire faith in the considered extinct in this extensive district, devotedness and gallantry of the officers of our constituting, if we include Sonora and Sinoloa army, and of the volunteers; and no one shall on the eastern shore of the Gulf of California, surpass me here in attributing to them the from which I believe the Mexican forces are praise, and awarding to them the justice to which withdrawn, about two-thirds of the entire ter- they are entitled. I consider the proposed ritory of the Mexican republic, and about one- measure entirely consistent with the interests tenth of its population. The land forces, by of both arms of the service, which are deeply which these acquisitions have been made, are concerned, though not so deeply as the interrapidly concentrating upon the southern line ests of the country, in giving to the military of the subjugated territory. Their operations body, of which they are a part, the most judiare to be, in some degree, combined, instead cious and efficient organization. of being carried on in separate divisions. Gen- Looking to the numerical forces to be moved eral officers, who have heretofore operated in combination, they will far exceed any number independently, are to come together and to act ever commanded in this country-and I believe with each other in the accomplishment of com- I may say in any other, except from accident mon objects. At least four of these generals or some temporary necessity-by a major-genhave the same rank, that of major-general, the eral, the highest grade in our service. The highest rank in the service; and precedence proper command of an officer of that rank is a among them in their respective arms is, there- division. A major-general and a general of fore, to be determined by date of commission. division are convertible terms. A division In subordinate commands this mode of settling consists of two brigades; a brigade consists of questions of precedence is inevitable, and ordi- two regiments in the regular service and three narily leads to little practical inconvenience. in the volunteers. The command of a majorBut to permit the right to the chief command general, therefore, is from four to six thousand over such numerous forces as are now to be men. The force to be employed in Mexico, if combined, and in such extensive operations as our operations are to be carried on with proper are to be carried on, to be determined by mere vigor, should not fall short of twenty-five or priority of commission, and not by superiority thirty thousand fighting men in the field. It of grade, is, to say the least, exceedingly un- now exceeds twenty thousand. It is sufficient desirable not only in deference to military prin- for four full divisions. To permit it to be comciples, but because this very circumstance has manded by a major-general, having no preceoften proved unfriendly to united and zealous dence over his associates except by the date of action, and sometimes has led to the frustration his commission, is as inconsistent with military of plans of campaigns, and even to defeat, when principles as it would be to organize a regiment success would have been certain with proper with three or four majors, and without a co-operation on the part of the commander and colonel; or, in other words, without a head. his subordinates. I might appeal, for the truth It is far too large a force to be commanded of this remark, to our own military history, as either by a major-general or a general having well as to that of other countries. I believe I no higher rank than others serving under him. may say, it is a well-settled opinion in respect Such an arrangement is totally inconsistent to military command, and especially in exten- with military principles and usages, looking sive operations, that the chief commander to organization in its narrowest sense. When should, if possible, be superior in grade to the Napoleon was in command of the army of other general officers serving under him. The Italy, after his first successes, the Executive considerations, by which the correctness of this Directory determined to associate with him principle is supported, are perfectly compatible General Kellerman, one of the best commanders with the highest patriotism and honor in the of that day. Napoleon remonstrated against persons holding subordinate commands. It is it in a letter written in his usual terse and vigstrictly a question of military organization. orous style; and he concluded by saying, that We may concede to all the purest devotion and | one bad general was better than two good ones.

2D SESS.]

Lieutenant-General.

[JANUARY, 1847.

Sir, there is great force and truth in the propo- | did not believe it would occur; he was not sition. He intended to intimate that every deceived in this belief; and he never entered military body should have a distinct head; and certainly the observation is eminently applicable to cases in which the numerical forces are greatly disproportioned to the rank of the officer commanding them. For these reasons, if there were no others, I should be in favor of the President's recommendation to appoint an officer of higher rank to command our armies in Mexico.

on the discharge of his duties, excepting so far as to give advice with regard to the organization of the army. About a year after this grade was created, and a few months before he died, another act was passed authorizing the appointment of a commander of the army, with the title of "general of the armies of the United States," and thereupon abolishing the office of lieutenant-general. I have not been able to find that the appointment was ever made, and by a return from the War Department in 1800, General Washington was reported as lieutenant-general dead. According to the analogies of other services, the rank of general is higher than that of lieutenant-general. I have not thought it material to inquire into the object of the second act; but it may have been designed to confer on him a rank as nearly approaching that which he bore in the revolutionary war (that of general and commanderin-chief) as was consistent with the Constitution of the United States, which declares the President to be commander-in-chief of the armies of the United States.

Thus far I have spoken of the proposed measure as connected with sound principles of military organization and command. I desire now to present some considerations of a different nature. Our military commanders in Mexico are operating in an enemy's country of vast extent. They are overrunning provinces, reducing cities and towns, and providing for the security of the subjugated territories under the rules of international law, and according to the usages of civilized States. These are high prerogatives, the incidents of war, having their authority in conventional rule beyond the civil constitution and municipal laws of our own country. It is very desirable that the depositary of these high and extraordinary powers In other services, the rank of lieutenantshould not only carry with him the requisite general is, I believe, a part, and an essential military talents, but that he should also possess part, of the military organization. In France the experience and the civil qualifications indis-it was formerly conferred on the chiefs of provpensable to enable him to meet his responsibilities intelligently and discreetly. Not only his own Government, but all civilized nations have an interest in the maintenance of rules designed to mitigate the asperities of warfare by applying to the conduct of war the principles of humanity and justice. Errors in the application of these rules may involve his own Government in embarrassment and reproach. These considerations, I am aware, apply rather to the qualifications of the man than to the rank he may happen to hold. I advert to them only for the purpose of indicating the importance of the position occupied by the commander of our armies in Mexico, and the propriety of extending to the President the broadest field for selection.

In the Message of the President, it is recommended that authority be given to appoint a commanding general for our military forces in Mexico, without specifying any rank. The committee, in reporting the bill, proposed to confer on him the rank of lieutenant-generalthe grade in other services next above that of major-general, which is the highest in ours. The grade was created in 1798, during our dissensions with the French republic, by an act authorizing the President to raise a provisional army. The office was conferred, by the unanimous vote of the Senate, on General Washington, and was accepted by him, but with the express stipulation, that he should not be called into service until the exigency for which the office was created-an invasion of the United States by France-should actually occur. He

inces and the individuals holding it were invested with civil as well as military functions. In modern times, I believe, it has become purely a military title, and it confers a rank intermediate between that of major-general which is below, and general, which is above it. As the grade next to that of major-general it seems the proper title, if a higher grade is to be created. On the other hand, though the office of commander of the military forces in Mexico will be purely military, nevertheless, in providing for exigencies which may arise in the occupation of an enemy's territory-and, let me add, with as little disturbance as possible to the local authorities and the ordinary administration of justice-his station becomes one of the highest delicacy and importance. If a new grade is to be created, I repeat, the title of lieutenant-general will be admitted to be proper in a strictly military sense, and it is descriptive of the relation in which the commander of the armies in Mexico will stand to the President as commander-in-chief of the armies of the United States under the constitution. He cannot be in Mexico in person, and he must, therefore, command there by his lieutenant or deputy, by whatever name the latter may be called.

The proposed creation of a new grade in the army, higher than any now known to the service, does not contemplate the creation or delegation of any new authority to the officer who may be appointed to it. He will possess no other powers excepting those now possessed by our military commanders. The act creating the office limits its duration to the war with

Lieutenant-General.